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(p. 503) 19. The unfairly prejudicial remedy and the minority shareholder 

(p. 503) 19. The unfairly prejudicial remedy and the minority shareholder
(p. 503) 19. The unfairly prejudicial remedy and the minority shareholder

Brenda Hannigan

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date: 25 October 2020

The most important shareholder remedy in practice is the ability of a member to petition for relief on the ground that the affairs of the company are being or have been conducted in a manner which is unfairly prejudicial to the interests of members generally, or of some part of its members under Companies Act 2006 (CA 2006), s. 994. This chapter examines the unfairly prejudicial remedy in detail. The discussions cover petitioning on the grounds of unfair prejudice; the boundaries to unfairly prejudicial conduct; the court's power to grant relief; and petitioning for a winding-up order on the just and equitable ground under IA 1986, s 122(1)(g).

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